Impeachment by Prior Inconsistencies is a legal action that can be taken when a witness has given contradictory or inconsistent statements in the past. This type of impeachment is usually done during a trial, when the witness is being cross-examined, or in a deposition. Impeachment by Prior Inconsistencies can be divided into two types: direct impeachment and collateral impeachment. Direct impeachment involves a witness’s prior statement that is directly contradictory to the testimony being given in the current proceedings. This may be done by introducing a prior statement that was made by the witness, or by introducing a third-party witness who can testify to the witness’s inconsistent statements. Collateral impeachment involves the introduction of evidence that can demonstrate the witness’s character and credibility. This may include evidence that shows the witness has a history of lying, or that the witness has a financial incentive to testify a certain way. Both types of impeachment by prior inconsistencies can be used in court to discredit the witness’s testimony. This can be a powerful tool in a trial, as it can weaken the witness’s credibility and make it more difficult for the opposing party to prove their case.
IMPEACHMENT BY PRIOR INCONSISTENCIES
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FAQ
Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
Coleman, 72 M.J. 184 (a prior consistent statement is not hearsay if it is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; the rule requires that a prior statement, admitted as substantive evidence, precede any motive to fabricate or improper
(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.
613(b) in that extrinsic evidence of a prior inconsistent statement is not admissible unless the statement is shown or disclosed to the witness during the witness's examination. Paragraph (b) is intended to give the witness and the party a fair opportunity to explain or deny the allegation.
Rule 613(b) allows a party to use a prior inconsistent statement to impeach a witness, but if the witness is called to the stand for sole purpose of impeaching him, the ?impeachment? is really a subterfuge for admitting the hearsay.
In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness.
Under common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.
Rule 801 defines what is and what is not hearsay for the purpose of admitting a prior statement as substantive evidence. A prior statement of a witness at a trial or hearing which is inconsistent with his testimony is, of course, always admissible for the purpose of impeaching the witness' credibility.